Terms and Conditions and Customer Information of Every Health GmbH

I. General Terms and Conditions

§ 1 Provider, Scope of Application and Definitions

(1) The provider and operator of the platform www.every.health and the associated websites, applications and other digital interfaces (collectively the "Platform") is Every Health GmbH, Gartenstraße 112, 10115 Berlin ("Every Health", "we" or "us").

(2) These General Terms and Conditions ("GTC") apply to the use of the Platform as well as to all contracts initiated or concluded via the Platform, unless effective supplementary or overriding terms have been validly agreed for individual services or contracting partners.

(3) Depending on the offer selected, separate contracts may be concluded via the Platform with

(a) Every Health regarding the use of the Platform and regarding such products or services for which Every Health itself is identified as the provider;

(b) partner physicians regarding medical consultation, assessment and treatment services;

(d) partner laboratories or laboratory physicians regarding diagnostic laboratory services and findings; and/or

(e) other sellers or service providers, where these are expressly named as contracting partners in the relevant offer.

(4) Within these GTC, we refer to prescription-only medicinal products as well as non-prescription but pharmacy-only medicinal products collectively as "Medicinal Products". "Other Products" are all other goods and digital content that are not Medicinal Products.

(5) Every Health itself does not provide any medical treatment, does not provide any diagnostic laboratory services and does not itself sell any prescription-only or other pharmacy-only medicinal products. Such services or sales are provided exclusively by the respective named partner physicians, partner laboratories or laboratory physicians, or partner pharmacies.

(6) The use of the medical offers on the Platform generally requires that you are at least 18 years old, have legal capacity and are entitled to make the declarations required for the service yourself. The Platform is not suitable for emergencies. In medical emergencies, please contact the emergency services or a local emergency care facility.

(7) A "consumer" within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An "entrepreneur" is any natural or legal person or partnership with legal capacity that, when concluding the legal transaction, acts in the exercise of its commercial or self-employed professional activity.

(8) Unless expressly stated otherwise in the relevant offer, you bear the costs of the services and products ordered via the Platform yourself. Whether and to what extent reimbursement is made by a health insurer or other payer is determined exclusively by your individual insurance or reimbursement relationship.

§ 2 Use of the Platform and User Account

(1) Setting up a user account is required for certain functions of the Platform. The user account can be used in particular to manage orders, communication, documents, treatment recommendations, the provision of digital content and — where provided for — information on ongoing services.

(2) You are obliged to transmit the information requested during the registration and ordering process completely, correctly and in an up-to-date manner. Where official personal details are required for medical documentation, prescriptions, invoices or legally relevant documents, you must provide these correctly.

(3) You may only create and use a user account in your own name. Access credentials must be treated as confidential. You must inform us without undue delay if you have any indication of misuse of your account or of unauthorised access.

(4) For the duration of the respective contract, you are granted a simple, non-transferable and revocable authorisation to use the Platform for private purposes within the contractually intended scope. Use for unlawful purposes or in a manner that impairs the security, integrity or availability of the Platform is not permitted.

(5) Insofar as copyrights or other protective rights exist in content uploaded or transmitted by you, you grant Every Health the non-exclusive rights necessary to provide the Platform, to perform the services you have requested, to forward content to authorised service providers, to fulfil statutory documentation and retention obligations, and to examine, enforce or defend against claims. Further uses are made only on a separate legal basis.

(6) We are entitled to further develop the Platform, to make technical adjustments and to carry out maintenance work. We owe uninterrupted, error-free availability at all times only insofar as this has been expressly agreed. Statutory rights in the event of defects in digital products remain unaffected. Insofar as the Platform or individual components thereof are covered, the statutory provisions apply in addition, in particular those regarding updates and security updates.

(7) You may terminate the use of your user account at any time and request the deletion of your account. Statutory retention obligations, existing contractual relationships and outstanding claims remain unaffected by this. Every Health is permitted to store and use your data as required for this purpose.

§ 3 Types of Contract and Contracting Partners

(1) The contracting partner shown to you for the respective offer, the respective item or the respective service before you submit your order is always decisive.

(2) A single order may comprise several legally independent contracts. In particular, in addition to a platform or service contract with Every Health, a separate treatment contract may be concluded with a partner physician, a separate contract for diagnostic laboratory services may be concluded with a partner laboratory or laboratory physician, and/or a separate purchase contract may be concluded with a partner pharmacy or another seller.

(3) The respectively applicable statutory rights and obligations apply separately to each individual contract. This concerns in particular the conclusion of the contract, withdrawal, termination, warranty, liability and payment.

(4) If a contract requested by you with a partner physician, a partner laboratory, a laboratory physician, a partner pharmacy or another third-party provider is not accepted, this generally does not affect the validity of other contracts or contractual parts already concluded, unless the relevant offer provides otherwise.

(5) Even if Every Health handles payment processing, communication or technical transmission, the respective underlying contract remains attributed to the contracting partner named in the offer.

§ 4 Conclusion of Contracts for Other Products and Digital Content in the Online Shop

(1) Other Products, digital content and — where provided for in the relevant offer — non-prescription medicinal products may be ordered via the online shop or the online shopping cart system of the Platform; this also applies to recurring deliveries and subscriptions for OTC products, test kits and other products. The seller is in each case the provider identified in the offer. In the case of pharmacy-only medicinal products, this is always the named pharmacy.

(2) The presentation of products in the online shop does not yet constitute a legally binding offer, but rather an invitation to you to submit an offer to conclude a contract.

(3) You may select products without obligation and place them in the shopping cart. Before submitting your order, you can review, correct or cancel the ordering process at any time using the functions provided as well as the usual browser functions.

(4) By clicking the "order with obligation to pay" button or an equivalently unambiguous wording, you submit a binding offer to conclude the contracts described in the order summary.

(5) We will confirm receipt of your order without undue delay by electronic means. Such a confirmation of receipt does not yet constitute acceptance of your offer, unless it is expressly designated as a confirmation of contract or in a comparably unambiguous manner.

(6) The contract with the respective seller is only concluded once the seller accepts your offer in text form, confirms the provision of digital content to you, or dispatches the goods. In the case of a mixed order, individual items may be accepted separately.

(7) Delivery restrictions, available means of payment, essential product characteristics, prices, shipping costs, terms of subscriptions and other pre-contractual information to be communicated will be shown to you before you submit your order.

(8) The contractual provisions, including these GTC, can be retrieved by you upon conclusion of the contract and saved in a reproducible form.

§ 5 Conclusion of Contracts for Medical Services and the Supply of Medicinal Products

(1) Offers relating to a medical assessment, medical consultation or consultation appointment, treatment recommendation, a possible subsequent issuance of a prescription, diagnostic laboratory services, a supply via a partner pharmacy or a regular medical service are processed via a separate medical ordering and treatment process. The presentation of such offers does not initially constitute a binding contractual offer.

(2) After you have selected the desired offer, entered the requested data, provided the required medical information, transmitted any additional information and reviewed the order summary, you submit a binding offer by clicking the final order button. This offer may — depending on the option selected — be addressed to Every Health, to a partner physician and/or to a partner pharmacy.

(3) The immediate electronic confirmation of receipt of your order does not yet constitute acceptance of your offer.

(4) A contract with Every Health for platform or administrative services is concluded when we expressly accept your offer in text form or begin to perform the relevant service.

(5) A treatment contract with a partner physician is only concluded once the physician concerned accepts your offer and begins the professional assessment, consultation or treatment, transmits a corresponding confirmation or treatment recommendation to you, or — where medically indicated — issues a prescription.

(6) A purchase contract with a partner pharmacy is only concluded once the named partner pharmacy accepts your offer, in particular by express confirmation or by dispatching or providing the ordered medicinal product.

(7) Depending on the option selected, the following may apply: (a) In the case of a pure medical assessment, consultation or treatment recommendation, only a contract for the medical service is concluded. (b) In the case of an option providing for a medical assessment or consultation with possible subsequent issuance of a prescription, no medicinal product purchase contract is concluded via the Platform, unless a supply via a named partner pharmacy is expressly selected; you conclude any subsequent purchase contract with a pharmacy of your choice yourself, outside the Platform. (c) In the case of an option that expressly provides for a supply via a named partner pharmacy, a medicinal product purchase contract may additionally be concluded with this partner pharmacy. (d) In the case of offers involving diagnostic laboratory services, a contract may additionally be concluded with the expressly named partner laboratory or the expressly named laboratory physician.

(8) If you select a regular service, your order relates to the recurring initiation of services at the interval described in the offer. Each subsequent cycle is subject to continued medical suitability, timely cooperation on your part and — where applicable — a renewed medical assessment, a renewed prescription, and acceptance by the named partner pharmacy.

(9) A legally valid prescription is required for ordering prescription-only medicinal products. Unless stated otherwise, this may be in the form of a paper or electronic prescription, provided that the statutory requirements are met.

§ 6 Medical Services of the Partner Physicians

(1) Medical services are provided exclusively by the respective named partner physicians under their own professional and professional-law responsibility. Every Health does not owe any medical diagnosis, therapy decision or issuance of a prescription.

(2) The partner physicians decide exclusively on the basis of professional and medical criteria whether telemedical care is justifiable in the individual case, whether further information or an additional consultation is required, and whether — given a corresponding indication — a prescription or treatment recommendation is issued.

(3) There is no entitlement to the conclusion of a treatment contract, to the performance of a remote treatment, to the issuance of a prescription or to a particular treatment recommendation.

(4) Medical consents, information about risks (informed consent) and patient-specific instructions are provided by the respective treating physician or on their behalf. These declarations are not part of these GTC.

(5) The partner physicians may refuse to accept or continue a treatment relationship in particular where the information required for a safe telemedical assessment is missing, where contraindications or other circumstances argue against an exclusively remote treatment, or where further treatment is not indicated for professional reasons.

§ 7 Supply of Medicinal Products by Partner Pharmacies

(1) Prescription-only and other pharmacy-only medicinal products are sold and dispatched exclusively by the partner pharmacy named in the relevant offer or ordering process.

(2) Prescription-only medicinal products may only be dispensed on the basis of a valid, legally compliant prescription. Non-prescription but pharmacy-only medicinal products may — where provided for in the relevant offer — be ordered without a prescription. The contracting partner in this respect also remains the named partner pharmacy.

(3) Insofar as the offer you have selected provides for a supply via a partner pharmacy, Every Health supports the technical transmission of the order, prescription and communication data required for the supply only to the legally permissible extent and on the basis of the declarations obtained separately for this purpose.

(4) The pharmaceutical review, the decision on the acceptance of the medicinal product purchase contract, the dispensing of the medicinal product, any queries to the treating physician, and dispatch are the sole responsibility of the respective partner pharmacy.

(5) If a partner pharmacy does not accept your offer — for example, for pharmaceutical, legal, factual or supply-related reasons — no purchase contract is concluded in this respect. Amounts already paid for this part of the contract will be refunded, provided that no other service subject to payment is affected.

(6) Unless expressly marked otherwise, product images serve only for illustration. The medicinal product prescribed or ordered and the legally and pharmaceutically permissible dispensing by the partner pharmacy are decisive.

§ 8 Prices, Due Date, Payment Processing and Assignment

(1) The prices, fees, shipping costs and other costs decisive for your order will be shown to you before you submit your order. Where an order comprises several independent contracts or claims of different contracting partners, the total price as well as the essential price components will be shown to you allocated to the respective contracting partners or service areas in a manner that is comprehensible to you. Where legally permissible and appropriate, individual price components of the same contracting partner may be shown in aggregated form, for example a medicinal product including shipping.

(2) Insofar as the relevant offer identifies an independent medical assessment, consultation or treatment as a service subject to payment, the fee agreed for this, or the remuneration to be calculated in accordance with the applicable scale of fees, is owed even if no prescription is subsequently issued or no supply of medicinal products is carried out, provided that the medical service was actually performed.

(3) Insofar as the relevant offer identifies a separate platform or service fee of Every Health, this is owed only to the extent that the relevant service is performed by Every Health.

(4) For medicinal products and other products, the purchase price of the relevant seller identified in the respective offer or order applies.

(5) Partner physicians, partner pharmacies and other sellers may assign claims arising from the contracts concluded with you to Every Health. In this case, you can make payment to Every Health with discharging effect. An assignment does not change who your respective original contracting partner is.

(6) Insofar as claims of partner physicians, partner pharmacies, partner laboratories, laboratory physicians or other sellers have been assigned to Every Health, Every Health may issue a combined invoice. Such a combined invoice must clearly distinguish Every Health's own claims from assigned third-party claims; insofar as medical or diagnostic services are concerned, the applicable professional-law and fee-law requirements remain unaffected.

(7) The payment methods available to you are shown in the respective ordering process. Insofar as you use third-party payment services, their own terms of use and data protection terms may additionally apply.

(8) Unless otherwise provided in the relevant offer, in the invoice or in the terms of the selected payment method, payment claims fall due upon issuance of the invoice. In the case of recurring services, the respective billing intervals shown are decisive.

(9) If a part of the contract requested by you is not accepted and no other service subject to payment was performed for it, amounts already collected will be refunded in this respect.

§ 9 Contract Term and Termination for Regular Services and Subscriptions

(1) For regular services, recurring supply of medicinal products and subscriptions — including subscriptions for OTC products, test kits and other products, where provided for in the relevant offer — the scope, delivery or service interval, price, any minimum term and notice period result from the respective offer.

(2) Insofar as a minimum term is agreed in the offer, the regular service may be terminated by ordinary notice for the first time at the end of this minimum term. After the expiry of a minimum term and in the case of offers without a minimum term, the service may be terminated at any time effective at the end of the current billing or delivery interval, unless the offer promises more favourable conditions.

(3) Terminations may be declared in text form, via the account functions provided for this purpose, or — where legally required — via the termination button provided on the Platform. Insofar as § 312k of the German Civil Code (BGB) applies, you will receive an electronic confirmation of your termination without undue delay.

(4) The right to extraordinary termination for good cause remains unaffected. In particular for medical services, additional reference is made separately to § 627 BGB.

(5) Regular services require that you fulfil the necessary cooperation and updating obligations, in particular the timely provision of medically required information. If this is not done, or if there is no medical indication, no renewed prescription or no acceptance by the relevant contracting partner for a subsequent cycle, the relevant future service may lapse, be suspended or be terminated. Amounts already collected for future services not rendered will be refunded in this respect.

§ 10 Delivery and Provision

(1) Delivery areas, delivery restrictions, types of delivery, forms of provision and expected delivery or service times result from the respective offer and the information in the ordering process.

(2) Physical products are dispatched to the delivery address you have specified. Medicinal products are dispatched by the respective partner pharmacy or on its behalf. Digital content and digital provisions are made accessible to you — where provided for — in your user account, by email or by another agreed means.

(3) Information on delivery or processing times is, unless expressly agreed otherwise, only an estimated time. Partial deliveries and separate deliveries by different contracting partners are permitted, provided that this is reasonable for you. § 266 BGB is excluded.

(4) Insofar as you are a consumer, the risk of accidental loss and accidental deterioration of goods only passes to you upon handover to you or to a person designated by you and authorised to receive the goods. Statutory special provisions remain unaffected by this.

(5) You are responsible for ensuring that the delivery address, contact details and — where required — the access requirements for digital provisions are correct.

§ 11 Rights in Respect of Defects and Digital Products

(1) For goods and digital products, the statutory rights in respect of defects apply.

(2) Insofar as Every Health or another contracting partner provides you with digital content or digital services, the statutory rights, in particular under §§ 327 et seq. BGB, remain unaffected. Deviations from objective requirements are only effective if the statutory conditions for this are met and you have been expressly and separately informed about them before submitting your contractual declaration.

(3) You are requested to inspect delivered goods upon receipt for obvious transport damage, incorrect deliveries and externally recognisable defects, and to report complaints as promptly as possible. Failure to give such notice does not affect your statutory rights.

(4) For treatment contracts and the dispensing of medicinal products, the respective statutory provisions of treatment and medicinal product law apply; these are not restricted by the preceding paragraphs.

§ 12 Right of Withdrawal

(1) For purchase contracts for goods and digital content, a statutory right of withdrawal may exist. The withdrawal instructions decisive for your specific order, as well as any grounds for exclusion or expiry, will be shown to you separately before you submit your order and confirmed on a durable medium.

(2) Whether and to what extent a right of withdrawal exists depends on the respective type of contract, the specific product and the statutory provisions. In the case of an order with several independent contractual parts, each contractual part is to be assessed separately.

(3) For treatment contracts with partner physicians, there is no right of withdrawal under the provisions on contracts concluded away from business premises and distance contracts. Other statutory rights, in particular those arising from general contract and treatment law, remain unaffected.

(4) The decisive recipient of a withdrawal is the respective contracting partner named to you in the associated withdrawal instructions or contract confirmation.

§ 13 Data Protection, Health Data and Duty of Confidentiality

(1) Information on the processing of personal data, on responsibilities, recipients, legal bases, storage periods and your rights can be found in the respectively applicable data protection notices.

(2) Insofar as consents to the processing of health data, releases from the duty of confidentiality or other declarations required under data protection or professional law are necessary for certain services, we obtain these separately. These declarations are not part of these GTC.

(3) If you do not provide a declaration required for the performance of a service you have requested, or if you revoke it with effect for the future, the relevant service may not be performed, continued or invoiced in whole or in part, unless another viable legal basis applies.

(4) Statutory retention and documentation obligations, in particular in the medical field, remain unaffected.

§ 14 Your Cooperation and Due Care Obligations

(1) You are obliged to provide all information requested in the context of registration, ordering, medical history (anamnesis), medical assessment, consultation and treatment completely and truthfully, and to communicate without undue delay any changes that may be relevant to the assessment or safety of the requested service.

(2) In the case of regular services and recurring medical services, you are obliged to communicate in a timely manner any medically relevant changes in your state of health, new medications, allergies or other circumstances important for the treatment.

(3) For your own safety, before using a medicinal product you have received, you should in particular check whether you have received the correct medicinal product, whether the outer packaging and any seals present are intact, whether the expiry date has been observed, and whether you have understood the package leaflet as well as the medical or pharmaceutical instructions.

(4) You may not use the Platform improperly, in particular you may not post any unlawful content, circumvent any security measures, or take any actions that impair the Platform, other users or the service providers involved.

§ 15 Blocking and Termination of Platform Access

(1) We may temporarily block or restrict your access to the Platform if there is an objective reason for doing so. An objective reason exists in particular in the case of security incidents, suspicion of improper use, a significant breach of these GTC, incorrect or misleading mandatory information, legal obligations, endangerment of other users or of the service providers involved, or persistent payment disruptions in ongoing services subject to a fee.

(2) Insofar as circumstances permit, we will inform you in advance and give you the opportunity to comment or remedy the situation. Immediate blocking without prior notice remains permissible in the case of urgent security, abuse or legal grounds.

(3) Blocking or termination of Platform access generally does not affect remuneration claims already arising, statutory retention obligations and individual contracts already validly concluded, insofar as the continuation of these contracts is not factually or legally excluded.

§ 16 Liability

(1) Every Health is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent that we have assumed a guarantee or fraudulently concealed a defect.

(2) In the case of a slightly negligent breach of essential contractual obligations, Every Health is liable only for the foreseeable damage typical of the contract. Essential contractual obligations are those obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely.

(3) In all other respects, Every Health's liability for damage caused by slight negligence is excluded.

(4) Insofar as medical services are provided by partner physicians, or purchases of medicinal products or pharmaceutical services are provided by partner pharmacies, these contracting partners are liable for their own services in accordance with the statutory provisions. Statutory rights in respect of defects and other mandatory statutory rights are not restricted by the preceding paragraphs.

(5) The above liability provisions apply accordingly in favour of our legal representatives, employees and vicarious agents.

§ 17 Choice of Law, Place of Jurisdiction and Final Provisions

(1) German law applies, to the exclusion of the rules of private international law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Towards consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of their state of habitual residence.

(2) If you are a merchant, a legal person under public law or a special fund under public law, or if you have no general place of jurisdiction in Germany or the European Union, the place of jurisdiction for all disputes arising from the contractual relationship is our registered office. Mandatory statutory places of jurisdiction remain unaffected.

(3) Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions remains unaffected.

(4) The decisive version of these GTC is in each case the version made available to you before you submit your respective contractual declaration.

II. Customer Information

1. Identity and Contact

Every Health GmbH, Gartenstraße 112, 10115 Berlin, Germany

Telephone: +49 30 20007904

Email: hi@every.health

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of Contracts

The technical steps leading to the conclusion of the contract, the options for correction, and the respectively decisive points of acceptance result from the provisions in Part I of these GTC as well as from the respective offer and ordering process.

Depending on the offer, independent contracts may be concluded with Every Health, partner physicians, partner pharmacies, partner laboratories or laboratory physicians, or other sellers.

3. Contract Language and Contract Text

3.1 The contract language is German.

3.2 The contractual provisions, including these GTC, can be retrieved upon conclusion of the contract and saved in a reproducible form.

3.3 After receipt or acceptance of your order, you will receive the essential contractual information and confirmations by email or by another agreed electronic means. Whether and to what extent individual contracts are additionally retrievable in your user account depends on the technical configuration of the Platform.

4. Essential Characteristics of the Services and Products

The essential characteristics of the respective products, digital content, medical services, diagnostic laboratory services, recurring services and other offers, as well as the respective contracting partner, result from the specific offer and the information in the ordering process.

5. Prices, Payment Terms, Delivery and Provision

5.1 The prices stated include statutory value added tax, insofar as this is incurred and is not shown differently in an individual case.

5.2 Additional shipping or other costs are shown separately before you submit your order.

5.3 The available payment methods, any delivery restrictions and the date or expected time until delivery or performance of the service will be shown to you before you submit your order.

5.4 For recurring services and subscriptions, including OTC subscriptions, the billing interval, any minimum term and the termination conditions result from the respective offer and Part I of these GTC.

6. Statutory Rights

6.1 For goods and digital products, statutory rights in respect of defects apply.

6.2 Insofar as a statutory right of withdrawal exists for a contract, you will receive the associated withdrawal instructions separately before you submit your order, as well as on a durable medium after conclusion of the contract.

6.3 For treatment contracts with partner physicians, the statutory provisions of treatment law apply; a distance-selling right of withdrawal does not exist for these.

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